NEWS AROUND THE STATE: A FAMILY CLAIMS A WOMAN WAS PREMATURELY DECLARED DEAD AT A HOSPITAL -- AND WOKE UP IN A BODY BAG, ONLY TO DIE IN A FREEZER WHERE HER BODY WAS STORED. NOW HER FAMILY HAS RECEIVED THE GO-AHEAD TO PROCEED WITH ITS LAWSUIT. ACTION NEWS REPORTER STACEY BUTLER HAS THE STORY.### TO SAY THAT MARIA DE JESUS ARROYO DIED A TERRIBLE DEATH ...PALES IN COMPARISON TO WHAT HER FAMILY BELIEVES REALLY HAPPENED. THEY SAID THEIR GOOD-BYES TO THE GRANDMOTHER OF MORE THAN 50 GRANDKIDS in july of 2010...WHEN SHE WAS DECLARED DEAD ...and looked peaceful ...AT WHITE MEMORIAL MEDICAL CENTER IN BOYLE HEIGHTS. BUT WHEN THEY SAW HER AT THE FUNERAL HOME ... THEY SAY SHE HAD A BROKEN NOSE AND LACERATIONS ON HER FACE ...NEITHER WERE THERE WHEN THEY SAW HER LAST. THEIR LAWSUIT CLAIMS ...THE HOSPITAL HAD "PREMATURELY DECLARED HER DEAD ... AND THAT SHE SUFFERED THOSE INJURIES WHEN SHE WAS "FROZEN ALIVE" SCOTT SCHUTZMAN, ATTORNEY she was put into that body bag while she was alive -- the cold from the hospital morgue woke her up ....and she was fighting her way out when she died ...and she died of either freezing to death or affixation --TRACK-- SCOTT SCHUTZMAN ...THE FAMILY ATTORNEY ... SAYS MORTUARY WORKERS RECEIVED ARROYO'S BODY FACE DOWN...IN A HALF ZIPPED BODY BAG. HE SAYS HE HIRED A MEDICAL EXPERT QUOTED IN THE LAWSUIT ... WHO DETERMINED, THERE'S NO WAY THE INJURIES OCCURRED POST- MORTEM. SCHUTZMAN she was put in a hospital morgue drawer...and my expert ...dr. mannen, that she was fighting her way out..and she must have gotten the wounds ... while the heart was pumping...while she was fighting her way out and that's why she was found upside down. --TRACK-- THE FAMILY IS SUING THE HOSPITAL FOR WRONGFUL DEATH ...AND NEGLIGENCE. WHITE MEMORIAL SENT NBC4 A STATEMENT...SAYING IT COULD NOT COMMENT ON PENDING LITIGATION... BUT SAID IT DISAGREED WITH THE ALLEGATIONS AND THAT TRUTH WOULD PREVAIL IN COURT. THE FAMILY ISN'T SPEAKING PUBLICLY YET, BUT ARROYO'S ELDEST GRANDSON TOLD ME OVER THE PHONE...HE WANTS THE HOSPITAL TO TAKE RESPONSIBILITY ...BUT THAT NO AMOUNT OF MONEY COULD BRING THEIR GRANDMOTHER BACK. SCHUTZMAN even if we win, it's bittersweet because they relive this whole thing -- the family is gratified because we prevailed at the court of appeal ... but every time we get a ruling, it causes they to relive this tragedy!### STACEY BUTLER REPORTING. A TRIAL DATE HAS NOT YET BEEN SET. A SPOKESPERSON FOR THE HOSPITAL SAYS THEY CAN'T COMMENT ON THE MATTER, SINCE IT'S IN LITIGATION.# TWO DOZEN U.S.